model stormwater control ordinance for municipalities · 2012-06-06 · new jersey stormwater bmp...

New Jersey StormwaterBest Management Practices Manual

March 2004

http://www.state.nj.us/dep/watershedmgt/bmpmanualfeb2004.htm

A P P E N D I X D

Model Stormwater ControlOrdinance for Municipalities

Important note: This sample ordinance is provided to assistmunicipalities in the development of municipal stormwater controlordinances and the incorporation of design and performance standardsinto municipal stormwater management plans. It is provided forinformation purposes only. It is important that current regulations arecarefully reviewed before any portion of this draft ordinance isadopted.

Notes are provided in italics throughout this model stormwater controlordinance, and are not intended to be adopted as part of the ordinance.

This model ordinance does not include a section on fees. The Departmentexpects that the review of development applications under this ordinancewould be an integral part of the municipal review of subdivisions andsite plans. As a result, the costs to municipalities of reviewingdevelopment applications under this ordinance can be defrayed by feescharged for review of subdivisions and site plans under N.J.S.A. 40:55D-8.b.

New Jersey Stormwater BMP Manual • Appendix D: DRAFT Model Stormwater Control Ordinance forMunicipalities • February 2004 • Page D-2

Section 1: Scope and Purpose

A. Policy Statement

Flood control, groundwater recharge, and pollutant reduction throughnonstructural or low impact techniques shall be explored beforerelying on structural BMPs. Structural BMPs should be integrated withnonstructural stormwater management strategies and proper maintenanceplans. Nonstructural strategies include both environmentally sensitivesite design and source controls that prevent pollutants from beingplaced on the site or from being exposed to stormwater. Source controlplans should be developed based upon physical site conditions and theorigin, nature, and the anticipated quantity or amount of potentialpollutants. Multiple stormwater management BMPs may be necessary toachieve the established performance standards for water quality,quantity, and groundwater recharge.

Note: Municipalities are encouraged to participate in the developmentof regional stormwater management plans, and to adopt and implementordinances for specific drainage area performance standards thataddress local stormwater management and environmental characteristics.

B. Purpose

It is the purpose of this ordinance to establish minimum stormwatermanagement requirements and controls for “major development,” asdefined in Section 2.

C. Applicability

1. This ordinance shall be applicable to all site plans andsubdivisions for the following major developments that requirepreliminary or final site plan or subdivision review:

a. Non-residential major developments; and

b. Aspects of residential major developments that are not pre-empted by the Residential Site Improvement Standards, N.J.A.C.5:21.

2. This ordinance shall also be applicable to all major developmentsundertaken by [insert name of municipality].

D. Compatibility with Other Permit and Ordinance Requirements

Development approvals issued for subdivisions and site plans pursuantto this ordinance are to be considered an integral part of developmentapprovals under the subdivision and site plan review process and donot relieve the applicant of the responsibility to secure requiredpermits or approvals for activities regulated by any other applicable


code, rule, act, or ordinance. In their interpretation andapplication, the provisions of this ordinance shall be held to be theminimum requirements for the promotion of the public health, safety,and general welfare. This ordinance is not intended to interfere with,abrogate, or annul any other ordinances, rule or regulation, statute,or other provision of law except that, where any provision of thisordinance imposes restrictions different from those imposed by anyother ordinance, rule or regulation, or other provision of law, themore restrictive provisions or higher standards shall control.

Section 2: Definitions

Unless specifically defined below, words or phrases used in thisordinance shall be interpreted so as to give them the meaning they havein common usage and to give this ordinance its most reasonableapplication. The definitions below are the same as or based on thecorresponding definitions in the Stormwater Management Rules at N.J.A.C.7:8-1.2.

“CAFRA Planning Map” means the geographic depiction of the boundariesfor Coastal Planning Areas, CAFRA Centers, CAFRA Cores and CAFRANodes pursuant to N.J.A.C. 7:7E-5B.3.

“CAFRA Centers, Cores or Nodes” means those areas within boundariesaccepted by the Department pursuant to N.J.A.C. 7:8E-5B.

"Compaction" means the increase in soil bulk density.

“Core” means a pedestrian-oriented area of commercial and civic usesserving the surrounding municipality, generally including housing andaccess to public transportation.

“County review agency” means an agency designated by the County Board ofChosen Freeholders to review municipal stormwater management plansand implementing ordinance(s). The county review agency may eitherbe:

A county planning agency; or

A county water resource association created under N.J.S.A 58:16A-55.5, if the ordinance or resolution delegates authority to approve,conditionally approve, or disapprove municipal stormwater managementplans and implementing ordinances.

"Department" means the New Jersey Department of EnvironmentalProtection.

“Designated Center” means a State Development and Redevelopment PlanCenter as designated by the State Planning Commission such as urban,regional, town, village, or hamlet.


“Design engineer” means a person professionally qualified and dulylicensed in New Jersey to perform engineering services that mayinclude, but not necessarily be limited to, development of projectrequirements, creation and development of project design andpreparation of drawings and specifications.

“Development” means the division of a parcel of land into two or moreparcels, the construction, reconstruction, conversion, structuralalteration, relocation or enlargement of any building or structure,any mining excavation or landfill, and any use or change in the useof any building or other structure, or land or extension of use ofland, by any person, for which permission is required under theMunicipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case ofdevelopment of agricultural lands, development means: any activitythat requires a State permit; any activity reviewed by the CountyAgricultural Board (CAB) and the State Agricultural DevelopmentCommittee (SADC), and municipal review of any activity not exemptedby the Right to Farm Act, N.J.S.A 4:1C-1 et seq.

“Drainage area” means a geographic area within which stormwater,sediments, or dissolved materials drain to a particular receivingwaterbody or to a particular point along a receiving waterbody.

“Environmentally critical areas” means an area or feature which is ofsignificant environmental value, including but not limited to: streamcorridors; natural heritage priority sites; habitat of endangered orthreatened species; large areas of contiguous open space or uplandforest; steep slopes; and well head protection and groundwaterrecharge areas. Habitats of endangered or threatened species areidentified using the Department’s Landscape Project as approved bythe Department’s Endangered and Nongame Species Program.

“Empowerment Neighborhood” means a neighborhood designated by the UrbanCoordinating Council “in consultation and conjunction with” the NewJersey Redevelopment Authority pursuant to N.J.S.A 55:19-69.

“Erosion” means the detachment and movement of soil or rock fragments bywater, wind, ice or gravity.

"Impervious surface" means a surface that has been covered with a layerof material so that it is highly resistant to infiltration by water.

“Infiltration” is the process by which water seeps into the soil fromprecipitation.

“Major development” means any “development” that provides for ultimatelydisturbing one or more acres of land. Disturbance for the purpose ofthis rule is the placement of impervious surface or exposure and/ormovement of soil or bedrock or clearing, cutting, or removing ofvegetation.

“Municipality” means any city, borough, town, township, or village.


“Node” means an area designated by the State Planning Commissionconcentrating facilities and activities which are not organized in acompact form.

“Nutrient” means a chemical element or compound, such as nitrogen orphosphorus, which is essential to and promotes the development oforganisms.

"Person" means any individual, corporation, company, partnership, firm,association, [insert name of municipality], or political subdivisionof this State subject to municipal jurisdiction pursuant to theMunicipal Land Use Law, N.J.S.A. 40:55D-1 et seq. .

“Pollutant” means any dredged spoil, solid waste, incinerator residue,filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge,munitions, chemical wastes, biological materials, medical wastes,radioactive substance (except those regulated under the Atomic EnergyAct of 1954, as amended (42 U.S.C. 2011 et seq.), thermal waste,wrecked or discarded equipment, rock, sand, cellar dirt, industrial,municipal, agricultural, and construction waste or runoff, or otherresidue discharged directly or indirectly to the land, ground watersor surface waters of the State, or to a domestic treatment works.“Pollutant” includes both hazardous and nonhazardous pollutants.

“Recharge” means the amount of water from precipitation that infiltratesinto the ground and is not evapotranspired.

“Sediment” means solid material, mineral or organic, that is insuspension, is being transported, or has been moved from its site oforigin by air, water or gravity as a product of erosion.

“Site” means the lot or lots upon which a major development is to occuror has occurred.

“Soil” means all unconsolidated mineral and organic material of anyorigin.

“State Development and Redevelopment Plan Metropolitan Planning Area(PA1)” means an area delineated on the State Plan Policy Map andadopted by the State Planning Commission that is intended to be thefocus for much of the state’s future redevelopment and revitalizationefforts.

“State Plan Policy Map” is defined as the geographic application of theState Development and Redevelopment Plan’s goals and statewidepolicies, and the official map of these goals and policies.

“Stormwater” means water resulting from precipitation (including rainand snow) that runs off the land’s surface, is transmitted to thesubsurface, or is captured by separate storm sewers or other sewageor drainage facilities, or conveyed by snow removal equipment.


“Stormwater runoff" means water flow on the surface of the ground or instorm sewers, resulting from precipitation.

“Stormwater management basin” means an excavation or embankment andrelated areas designed to retain stormwater runoff. A stormwatermanagement basin may either be normally dry (that is, a detentionbasin or infiltration basin), retain water in a permanent pool (aretention basin), or be planted mainly with wetland vegetation (mostconstructed stormwater wetlands).

“Stormwater management measure” means any structural or nonstructuralstrategy, practice, technology, process, program, or other methodintended to control or reduce stormwater runoff and associatedpollutants, or to induce or control the infiltration or groundwaterrecharge of stormwater or to eliminate illicit or illegal non-stormwater discharges into stormwater conveyances.

“Tidal Flood Hazard Area” means a flood hazard area, which may beinfluenced by stormwater runoff from inland areas, but which isprimarily caused by the Atlantic Ocean.

“Urban Coordinating Council Empowerment Neighborhood” means aneighborhood given priority access to State resources through the NewJersey Redevelopment Authority.

“Urban Enterprise Zones” means a zone designated by the New JerseyEnterprise Zone Authority pursuant to the New Jersey Urban EnterpriseZones Act, N.J.S.A. 52:27H-60 et. seq.

“Urban Redevelopment Area” is defined as previously developed portionsof areas:

(1) Delineated on the State Plan Policy Map (SPPM) as theMetropolitan Planning Area (PA1), Designated Centers, Cores orNodes;

(2) Designated as CAFRA Centers, Cores or Nodes,

(3) Designated as Urban Enterprise Zones; and

(4) Designated as Urban Coordinating Council EmpowermentNeighborhoods.

“Waters of the State” means the ocean and its estuaries, all springs,streams, wetlands, and bodies of surface or ground water, whethernatural or artificial, within the boundaries of the State of NewJersey or subject to its jurisdiction.

“Wetlands” or "wetland” means an area that is inundated or saturated bysurface water or ground water at a frequency and duration sufficientto support, and that under normal circumstances does support, aprevalence of vegetation typically adapted for life in saturated soilconditions, commonly known as hydrophytic vegetation.


Section 3: General Standards

A. Design and Performance Standards for Stormwater Management Measures

1. Stormwater management measures for major development shall bedeveloped to meet the erosion control, groundwater recharge,stormwater runoff quantity, and stormwater runoff quality standardsin Section 4. To the maximum extent practicable, these standardsshall be met by incorporating nonstructural stormwater managementstrategies into the design. If these strategies alone are notsufficient to meet these standards, structural stormwater managementmeasures necessary to meet these standards shall be incorporated intothe design.

2. The standards in this ordinance apply only to new majordevelopment and are intended to minimize the impact of stormwaterrunoff on water quality and water quantity in receiving water bodiesand maintain groundwater recharge. The standards do not apply to newmajor development to the extent that alternative design andperformance standards are applicable under a regional stormwatermanagement plan or Water Quality Management Plan adopted inaccordance with Department rules.

Note: Alternative standards shall provide at least as muchprotection from stormwater-related loss of groundwater recharge,stormwater quantity and water quality impacts of major developmentprojects as would be provided under the standards in N.J.A.C. 7:8-5.

Section 4: Stormwater Management Requirements for MajorDevelopment

A. The development shall incorporate a maintenance plan for thestormwater management measures incorporated into the design of a majordevelopment in accordance with Section 10.

B. Stormwater management measures shall avoid adverse impacts ofconcentrated flow on habitat for threatened and endangered species asdocumented in the Department’ Landscape Project or Natural HeritageDatabase established under N.J.S.A. 13:1B-15.147 through 15.150,particularly Helonias bullata (swamp pink) and/or Clemmys muhlnebergi(bog turtle).

C. The following linear development projects are exempt from thegroundwater recharge, stormwater runoff quantity, and stormwaterrunoff quality requirements of Sections 4.F and 4.G:


1. The construction of an underground utility line provided that thedisturbed areas are revegetated upon completion;

2. The construction of an aboveground utility line provided that theexisting conditions are maintained to the maximum extent practicable;and

3. The construction of a public pedestrian access, such as a sidewalkor trail with a maximum width of 14 feet, provided that the access ismade of permeable material.

D. A waiver from strict compliance from the groundwater recharge,stormwater runoff quantity, and stormwater runoff quality requirementsof Sections 4.F and 4.G may be obtained for the enlargement of anexisting public roadway or railroad; or the construction orenlargement of a public pedestrian access, provided that the followingconditions are met:

1. The applicant demonstrates that there is a public need for theproject that cannot be accomplished by any other means;

2. The applicant demonstrates through an alternatives analysis, thatthrough the use of nonstructural and structural stormwater managementstrategies and measures, the option selected complies with therequirements of Sections 4.F and 4.G to the maximum extentpracticable;

3. The applicant demonstrates that, in order to meet the requirementsof Sections 4.F and 4.G, existing structures currently in use, suchas homes and buildings, would need to be condemned; and

4. The applicant demonstrates that it does not own or have otherrights to areas, including the potential to obtain throughcondemnation lands not falling under D.3 above within the upstreamdrainage area of the receiving stream, that would provide additionalopportunities to mitigate the requirements of Sections 4.F and 4.Gthat were not achievable on-site.

E. Nonstructural Stormwater Management Strategies

1. To the maximum extent practicable, the standards in Sections 4.Fand 4.G shall be met by incorporating nonstructural stormwatermanagement strategies set forth at Section 4.E into the design. Theapplicant shall identify the nonstructural measures incorporated intothe design of the project. If the applicant contends that it is notfeasible for engineering, environmental, or safety reasons toincorporate any nonstructural stormwater management measuresidentified in Paragraph 2 below into the design of a particularproject, the applicant shall identify the strategy considered andprovide a basis for the contention.


2. Nonstructural stormwater management strategies incorporated intosite design shall:

a. Protect areas that provide water quality benefits or areasparticularly susceptible to erosion and sediment loss;

b. Minimize impervious surfaces and break up or disconnect the flowof runoff over impervious surfaces;

c. Maximize the protection of natural drainage features andvegetation;

d. Minimize the decrease in the "time of concentration” from pre-construction to post construction. "Time of concentration" isdefined as the time it takes for runoff to travel from thehydraulically most distant point of the watershed to the point ofinterest within a watershed;

e. Minimize land disturbance including clearing and grading;

f. Minimize soil compaction;

g. Provide low-maintenance landscaping that encourages retention andplanting of native vegetation and minimizes the use of lawns,fertilizers and pesticides;

h. Provide vegetated open-channel conveyance systems discharging intoand through stable vegetated areas;

i.Provide other source controls to prevent or minimize the use orexposure of pollutants at the site, in order to prevent or minimizethe release of those pollutants into stormwater runoff. Such sourcecontrols include, but are not limited to:

(1) Site design features that help to prevent accumulation oftrash and debris in drainage systems, including features thatsatisfy Section 4.E.3. below;

(2) Site design features that help to prevent discharge of trashand debris from drainage systems;

(3) Site design features that help to prevent and/or containspills or other harmful accumulations of pollutants atindustrial or commercial developments; and

(4) When establishing vegetation after land disturbance, applyingfertilizer in accordance with the requirements establishedunder the Soil Erosion and Sediment Control Act, N.J.S.A.4:24-39 et seq., and implementing rules.

3. Site design features identified under Section 4.E.2.i.(2) above shallcomply with the following standard to control passage of solid and


floatable materials through storm drain inlets. For purposes of thisparagraph, “solid and floatable materials” means sediment, debris,trash, and other floating, suspended, or settleable solids. Forexemptions to this standard see Section 4.E.3.c below.

a. Design engineers shall use either of the following grates wheneverthey use a grate in pavement or another ground surface to collectstormwater from that surface into a storm drain or surface water bodyunder that grate:

(1) The New Jersey Department of Transportation (NJDOT) bicyclesafe grate, which is described in Chapter 2.4 of the NJDOT BicycleCompatible Roadways and Bikeways Planning and Design Guidelines(April 1996); or

(2) A different grate, if each individual clear space in thatgrate has an area of no more than seven (7.0) square inches, or isno greater than 0.5 inches across the smallest dimension.

Examples of grates subject to this standard include grates in grateinlets, the grate portion (non-curb-opening portion) of combinationinlets, grates on storm sewer manholes, ditch grates, trench grates,and grates of spacer bars in slotted drains. Examples of groundsurfaces include surfaces of roads (including bridges), driveways,parking areas, bikeways, plazas, sidewalks, lawns, fields, openchannels, and stormwater basin floors.

b. Whenever design engineers use a curb-opening inlet, the clearspace in that curb opening (or each individual clear space, if thecurb opening has two or more clear spaces) shall have an area of nomore than seven (7.0) square inches, or be no greater than two (2.0)inches across the smallest dimension.

c. This standard does not apply:

(1) Where the review agency determines that this standard wouldcause inadequate hydraulic performance that could not practicablybe overcome by using additional or larger storm drain inlets thatmeet these standards;

(2) Where flows from the water quality design storm as specifiedin Section 4.G.1 are conveyed through any device (e.g., end ofpipe netting facility, manufactured treatment device, or a catchbasin hood) that is designed, at a minimum, to prevent delivery ofall solid and floatable materials that could not pass through oneof the following:

(a) A rectangular space four and five-eighths inches longand one and one-half inches wide (this option does not applyfor outfall netting facilities); or

(b) A bar screen having a bar spacing of 0.5 inches.


(3) Where flows are conveyed through a trash rack that hasparallel bars with one-inch (1”) spacing between the bars, to theelevation of the water quality design storm as specified inSection 4.G.1; or

(4) Where the New Jersey Department of Environmental Protectiondetermines, pursuant to the New Jersey Register of Historic PlacesRules at N.J.A.C. 7:4-7.2(c), that action to meet this standard isan undertaking that constitutes an encroachment or will damage ordestroy the New Jersey Register listed historic property.

4. Any land area used as a nonstructural stormwater management measureto meet the performance standards in Sections 4.F and 4.G shall bededicated to a government agency, subjected to a conservationrestriction filed with the appropriate County Clerk’s office, orsubject to an approved equivalent restriction that ensures thatmeasure or an equivalent stormwater management measure approved bythe reviewing agency is maintained in perpetuity.

5. Guidance for nonstructural stormwater management strategies isavailable in the New Jersey Stormwater Best Management PracticesManual. The BMP Manual may be obtained from the address identifiedin Section 7, or found on the Department’s website atwww.njstormwater.org.

F. Erosion Control, Groundwater Recharge and Runoff Quantity Standards

1. This subsection contains minimum design and performance standardsto control erosion, encourage and control infiltration andgroundwater recharge, and control stormwater runoff quantity impactsof major development.

a.The minimum design and performance standards for erosion controlare those established under the Soil Erosion and Sediment ControlAct, N.J.S.A. 4:24-39 et seq. and implementing rules.

b.The minimum design and performance standards for groundwaterrecharge are as follows:

(1) The design engineer shall, using the assumptions and factorsfor stormwater runoff and groundwater recharge calculations atSection 5, either:

(a) Demonstrate through hydrologic and hydraulic analysisthat the site and its stormwater management measures maintain100 percent of the average annual pre-constructiongroundwater recharge volume for the site; or

(b) Demonstrate through hydrologic and hydraulic analysisthat the increase of stormwater runoff volume from pre-

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construction to post-construction for the 2-year storm isinfiltrated.

(2) This groundwater recharge requirement does not apply toprojects within the “urban redevelopment area,” or to projectssubject to (3) below.

(3) The following types of stormwater shall not be recharged:

(a) Stormwater from areas of high pollutant loading. Highpollutant loading areas are areas in industrial andcommercial developments where solvents and/or petroleumproducts are loaded/unloaded, stored, or applied, areas wherepesticides are loaded/unloaded or stored; areas wherehazardous materials are expected to be present in greaterthan “reportable quantities” as defined by the United StatesEnvironmental Protection Agency (EPA) at 40 CFR 302.4; areaswhere recharge would be inconsistent with Department approvedremedial action work plan or landfill closure plan and areaswith high risks for spills of toxic materials, such as gasstations and vehicle maintenance facilities; and

(b) Industrial stormwater exposed to “source material.”“Source material” means any material(s) or machinery, locatedat an industrial facility, that is directly or indirectlyrelated to process, manufacturing or other industrialactivities, which could be a source of pollutants in anyindustrial stormwater discharge to groundwater. Sourcematerials include, but are not limited to, raw materials;intermediate products; final products; waste materials; by-products; industrial machinery and fuels, and lubricants,solvents, and detergents that are related to process,manufacturing, or other industrial activities that areexposed to stormwater.

(4) The design engineer shall assess the hydraulic impact on thegroundwater table and design the site so as to avoid adversehydraulic impacts. Potential adverse hydraulic impacts include,but are not limited to, exacerbating a naturally or seasonallyhigh water table so as to cause surficial ponding, flooding ofbasements, or interference with the proper operation ofsubsurface sewage disposal systems and other subsurfacestructures in the vicinity or downgradient of the groundwaterrecharge area.

c.In order to control stormwater runoff quantity impacts, the designengineer shall, using the assumptions and factors for stormwaterrunoff calculations at Section 5, complete one of the following:


(1) Demonstrate through hydrologic and hydraulic analysis thatfor stormwater leaving the site, post-construction runoffhydrographs for the two, 10, and 100-year storm events do notexceed, at any point in time, the pre-construction runoffhydrographs for the same storm events;

(2) Demonstrate through hydrologic and hydraulic analysis thatthere is no increase, as compared to the pre-constructioncondition, in the peak runoff rates of stormwater leaving thesite for the two, 10, and 100-year storm events and that theincreased volume or change in timing of stormwater runoff willnot increase flood damage at or downstream of the site. Thisanalysis shall include the analysis of impacts of existing landuses and projected land uses assuming full development underexisting zoning and land use ordinances in the drainage area;

(3) Design stormwater management measures so that the post-construction peak runoff rates for the 2, 10 and 100 year stormevents are 50, 75 and 80 percent, respectively, of the pre-construction peak runoff rates. The percentages apply only tothe post-construction stormwater runoff that is attributable tothe portion of the site on which the proposed development orproject is to be constructed. The percentages shall not beapplied to post-construction stormwater runoff into tidal floodhazard areas if the increased volume of stormwater runoff willnot increase flood damages below the point of discharge; or

(4) In tidal flood hazard areas, stormwater runoff quantityanalysis in accordance with (1), (2) and (3) above shall onlybe applied if the increased volume of stormwater runoff couldincrease flood damages below the point of discharge.

2. Any application for a new agricultural development that meets thedefinition of major development at Section 2 shall be submitted tothe appropriate Soil Conservation District for review and approval inaccordance with the requirements of this section and any applicableSoil Conservation District guidelines for stormwater runoff quantityand erosion control. For the purposes of this section, “agriculturaldevelopment” means land uses normally associated with the productionof food, fiber and livestock for sale. Such uses do not include thedevelopment of land for the processing or sale of food and themanufacturing of agriculturally related products.

G. Stormwater Runoff Quality Standards

1. Stormwater management measures shall be designed to reduce thepost-construction load of total suspended solids (TSS) in stormwaterrunoff by 80 percent of the anticipated load from the developed site,expressed as an annual average. Stormwater management measures shall


only be required for water quality control if an additional 1/4 acreof impervious surface is being proposed on a development site. Therequirement to reduce TSS does not apply to any stormwater runoff ina discharge regulated under a numeric effluent limitation for TSSimposed under the New Jersey Pollution Discharge Elimination System(NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exemptunder a NJPDES permit from this requirement. The water quality designstorm is 1.25 inches of rainfall in two hours. Water qualitycalculations shall take into account the distribution of rain fromthe water quality design storm, as reflected in Table 1. Thecalculation of the volume of runoff may take into account theimplementation of non-structural and structural stormwater managementmeasures.


Table 1: Water Quality Design Storm Distribution

Time(Minutes)

CumulativeRainfall(Inches)

Time(Minutes)

CumulativeRainfall(Inches)

0 0.0000 65 0.8917

5 0.0083 70 0.9917

10 0.0166 75 1.0500

15 0.0250 80 1.0840

20 0.0500 85 1.1170

25 0.0750 90 1.1500

30 0.1000 95 1.1750

35 0.1330 100 1.2000

40 0.1660 105 1.2250

45 0.2000 110 1.2334

50 0.2583 115 1.2417

55 0.3583 120 1.2500

60 0.6250

2. For purposes of TSS reduction calculations, Table 2 below presentsthe presumed removal rates for certain BMPs designed in accordancewith the New Jersey Stormwater Best Management Practices Manual. TheBMP Manual may be obtained from the address identified in Section 7,or found on the Department’s website at www.njstormwater.org. The BMPManual and other sources of technical guidance are listed in Section7. TSS reduction shall be calculated based on the removal rates forthe BMPs in Table 2 below. Alternative removal rates and methods ofcalculating removal rates may be used if the design engineer providesdocumentation demonstrating the capability of these alternative ratesand methods to the review agency. A copy of any approved alternativerate or method of calculating the removal rate shall be provided tothe Department at the following address: Division of WatershedManagement, New Jersey Department of Environmental Protection, PO Box418 Trenton, New Jersey, 08625-0418.

3. If more than one BMP in series is necessary to achieve therequired 80 percent TSS reduction for a site, the applicant shallutilize the following formula to calculate TSS reduction:

R = A + B – (AXB)/100

Where

R = total TSS percent load removal from application of bothBMPs, and

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A = the TSS percent removal rate applicable to the first BMP

B = the TSS percent removal rate applicable to the second BMP


Table 2: TSS Removal Rates for BMPs

Best Management Practice TSS Percent RemovalRate

Bioretention Systems 90

Constructed StormwaterWetland

90

Extended Detention Basin 40-60

Infiltration Structure 80

Manufactured TreatmentDevice

See Section 6.C

Sand Filter 80

Vegetative Filter Strip 60-80

Wet Pond 50-90

4. If there is more than one onsite drainage area, the 80 percent TSSremoval rate shall apply to each drainage area, unless the runofffrom the subareas converge on site in which case the removal rate canbe demonstrated through a calculation using a weighted average.

5. Stormwater management measures shall also be designed to reduce,to the maximum extent feasible, the post-construction nutrient loadof the anticipated load from the developed site in stormwater runoffgenerated from the water quality design storm. In achieving reductionof nutrients to the maximum extent feasible, the design of the siteshall include nonstructural strategies and structural measures thatoptimize nutrient removal while still achieving the performancestandards in Sections 4.F and 4.G.

6. Additional information and examples are contained in the NewJersey Stormwater Best Management Practices Manual, which may beobtained from the address identified in Section 7.

7. In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4,stormwater management measures shall be designed to prevent anyincrease in stormwater runoff to waters classified as FW1.

8. Special water resource protection areas shall be established alongall waters designated Category One at N.J.A.C. 7:9B, and perennial orintermittent streams that drain into or upstream of the Category Onewaters as shown on the USGS Quadrangle Maps or in the County SoilSurveys, within the associated HUC14 drainage area. These areas shallbe established for the protection of water quality, aesthetic value,


exceptional ecological significance, exceptional recreationalsignificance, exceptional water supply significance, and exceptionalfisheries significance of those established Category One waters.These areas shall be designated and protected as follows:

a. The applicant shall preserve and maintain a special water resourceprotection area in accordance with one of the following:

(1) A 300-foot special water resource protection area shall beprovided on each side of the waterway, measured perpendicularto the waterway from the top of the bank outwards or from thecenterline of the waterway where the bank is not defined,consisting of existing vegetation or vegetation allowed tofollow natural succession is provided. (2) Encroachment withinthe designated special water resource protection area underSubsection (1) above shall only be allowed where previousdevelopment or disturbance has occurred (for example, activeagricultural use, parking area or maintained lawn area). Theencroachment shall only be allowed where applicant demonstratesthat the functional value and overall condition of the specialwater resource protection area will be maintained to themaximum extent practicable. In no case shall the remainingspecial water resource protection area be reduced to less than150 feet as measured perpendicular to the top of bank of thewaterway or centerline of the waterway where the bank isundefined. All encroachments proposed under this subparagraphshall be subject to review and approval by the Department.

b.All stormwater shall be discharged outside of and flow through thespecial water resource protection area and shall comply with theStandard for Off-Site Stability in the “Standards For Soil Erosionand Sediment Control in New Jersey,” established under the SoilErosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.

c.If stormwater discharged outside of and flowing through thespecial water resource protection area cannot comply with theStandard For Off-Site Stability in the “Standards for Soil Erosionand Sediment Control in New Jersey,” established under the SoilErosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., thenthe stabilization measures in accordance with the requirements ofthe above standards may be placed within the special water resourceprotection area, provided that:

(1) Stabilization measures shall not be placed within 150 feet ofthe Category One waterway;

(2) Stormwater associated with discharges allowed by this sectionshall achieve a 95 percent TSS post-construction removal rate;

(3) Temperature shall be addressed to ensure no impact on thereceiving waterway;


(4) The encroachment shall only be allowed where the applicantdemonstrates that the functional value and overall condition ofthe special water resource protection area will be maintainedto the maximum extent practicable;

(5) A conceptual project design meeting shall be held with theappropriate Department staff and Soil Conservation Districtstaff to identify necessary stabilization measures; and

(6) All encroachments proposed under this section shall besubject to review and approval by the Department.

d.A stream corridor protection plan may be developed by a regionalstormwater management planning committee as an element of aregional stormwater management plan, or by a municipality throughan adopted municipal stormwater management plan. If a streamcorridor protection plan for a waterway subject to Section 4.G(8)has been approved by the Department of Environmental Protection,then the provisions of the plan shall be the applicable specialwater resource protection area requirements for that waterway. Astream corridor protection plan for a waterway subject to G.8 shallmaintain or enhance the current functional value and overallcondition of the special water resource protection area as definedin G.8.a.(1) above. In no case shall a stream corridor protectionplan allow the reduction of the Special Water Resource ProtectionArea to less than 150 feet as measured perpendicular to thewaterway subject to this subsection.

e. This paragraph G.8 does not apply to the construction of oneindividual single family dwelling that is not part of a largerdevelopment on a lot receiving preliminary or final subdivisionapproval on or before February 2, 2004 , provided that theconstruction begins on or before February 2, 2009.

Section 5: Calculation of Stormwater Runoff andGroundwater Recharge

A. Stormwater runoff shall be calculated in accordance with thefollowing:

1. The design engineer shall calculate runoff using one of thefollowing methods:

a. The USDA Natural Resources Conservation Service (NRCS)methodology, including the NRCS Runoff Equation and DimensionlessUnit Hydrograph, as described in the NRCS National EngineeringHandbook Section 4 – Hydrology and Technical Release 55 – UrbanHydrology for Small Watersheds; or


b.The Rational Method for peak flow and the Modified Rational Methodfor hydrograph computations.

2. For the purpose of calculating runoff coefficients and groundwaterrecharge, there is a presumption that the pre-construction conditionof a site or portion thereof is a wooded land use with goodhydrologic condition. The term “runoff coefficient” applies to boththe NRCS methodology at Section 5.A.1.a and the Rational and ModifiedRational Methods at Section 5.A.1.b. A runoff coefficient or agroundwater recharge land cover for an existing condition may be usedon all or a portion of the site if the design engineer verifies thatthe hydrologic condition has existed on the site or portion of thesite for at least five years without interruption prior to the timeof application. If more than one land cover have existed on the siteduring the five years immediately prior to the time of application,the land cover with the lowest runoff potential shall be used for thecomputations. In addition, there is the presumption that the site isin good hydrologic condition (if the land use type is pasture, lawn,or park), with good cover (if the land use type is woods), or withgood hydrologic condition and conservation treatment (if the land usetype is cultivation).

3. In computing pre-construction stormwater runoff, the designengineer shall account for all significant land features andstructures, such as ponds, wetlands, depressions, hedgerows, orculverts, that may reduce pre-construction stormwater runoff ratesand volumes.

4. In computing stormwater runoff from all design storms, the designengineer shall consider the relative stormwater runoff rates and/orvolumes of pervious and impervious surfaces separately to accuratelycompute the rates and volume of stormwater runoff from the site. Tocalculate runoff from unconnected impervious cover, urban imperviousarea modifications as described in the NRCS Technical Release 55 -Urban Hydrology for Small Watersheds and other methods may beemployed.

5. If the invert of the outlet structure of a stormwater managementmeasure is below the flood hazard design flood elevation as definedat N.J.A.C. 7:13, the design engineer shall take into account theeffects of tailwater in the design of structural stormwatermanagement measures.

B. Groundwater recharge may be calculated in accordance with thefollowing:

1. The New Jersey Geological Survey Report GSR-32 A Method forEvaluating Ground-Water Recharge Areas in New Jersey, incorporatedherein by reference as amended and supplemented. Information


regarding the methodology is available from the New Jersey StormwaterBest Management Practices Manual; athttp://www.state.nj.us/dep/njgs/; or at New Jersey Geological Survey,29 Arctic Parkway, P.O. Box 427 Trenton, New Jersey 08625-0427; (609)984-6587.

http://www.state.nj.us/dep/njgs/


Section 6: Standards for Structural Stormwater ManagementMeasures

A. Standards for structural stormwater management measures are asfollows:

1. Structural stormwater management measures shall be designed totake into account the existing site conditions, including, forexample, environmentally critical areas, wetlands; flood-prone areas;slopes; depth to seasonal high water table; soil type, permeabilityand texture; drainage area and drainage patterns; and the presence ofsolution-prone carbonate rocks (limestone).

2. Structural stormwater management measures shall be designed tominimize maintenance, facilitate maintenance and repairs, and ensureproper functioning. Trash racks shall be installed at the intake tothe outlet structure as appropriate, and shall have parallel barswith one-inch (1”) spacing between the bars to the elevation of thewater quality design storm. For elevations higher than the waterquality design storm, the parallel bars at the outlet structure shallbe spaced no greater than one-third (1/3) the width of the diameterof the orifice or one-third (1/3) the width of the weir, with aminimum spacing between bars of one-inch and a maximum spacingbetween bars of six inches. In addition, the design of trash racksmust comply with the requirements of Section 8.D.

3. Structural stormwater management measures shall be designed,constructed, and installed to be strong, durable, and corrosionresistant. Measures that are consistent with the relevant portions ofthe Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4,and 7.5 shall be deemed to meet this requirement.

4. At the intake to the outlet from the stormwater management basin,the orifice size shall be a minimum of two and one-half inches indiameter.

5. Stormwater management basins shall be designed to meet the minimumsafety standards for stormwater management basins at Section 8.

B. Stormwater management measure guidelines are available in the NewJersey Stormwater Best Management Practices Manual. Other stormwatermanagement measures may be utilized provided the design engineerdemonstrates that the proposed measure and its design will accomplishthe required water quantity, groundwater recharge and water qualitydesign and performance standards established by Section 4 of thisordinance.

C. Manufactured treatment devices may be used to meet therequirements of Section 4 of this ordinance, provided the pollutant


removal rates are verified by the New Jersey Corporation for AdvancedTechnology and certified by the Department.

Section 7: Sources for Technical Guidance

A. Technical guidance for stormwater management measures can be foundin the documents listed at 1 and 2 below, which are available fromMaps and Publications, New Jersey Department of EnvironmentalProtection, 428 East State Street, P.O. Box 420, Trenton, New Jersey,08625; telephone (609) 777-1038.

1. Guidelines for stormwater management measures are contained in theNew Jersey Stormwater Best Management Practices Manual, as amended.Information is provided on stormwater management measures such as:bioretention systems, constructed stormwater wetlands, dry wells,extended detention basins, infiltration structures, manufacturedtreatment devices, pervious paving, sand filters, vegetative filterstrips, and wet ponds.

2. The New Jersey Department of Environmental Protection StormwaterManagement Facilities Maintenance Manual, as amended.

B. Additional technical guidance for stormwater management measurescan be obtained from the following:

1. The "Standards for Soil Erosion and Sediment Control in New Jersey"promulgated by the State Soil Conservation Committee and incorporatedinto N.J.A.C. 2:90. Copies of these standards may be obtained bycontacting the State Soil Conservation Committee or any of the SoilConservation Districts listed in N.J.A.C. 2:90-1.3(a)4. The location,address, and telephone number of each Soil Conservation District maybe obtained from the State Soil Conservation Committee, P.O. Box 330,Trenton, New Jersey 08625; (609) 292-5540;

2. The Rutgers Cooperative Extension Service, 732-932-9306; and

3. The Soil Conservation Districts listed in N.J.A.C. 2:90-1.3(a)4.The location, address, and telephone number of each Soil ConservationDistrict may be obtained from the State Soil Conservation Committee,P.O. Box 330, Trenton, New Jersey, 08625, (609) 292-5540.

Section 8: Safety Standards for Stormwater ManagementBasins

A. This section sets forth requirements to protect public safetythrough the proper design and operation of stormwater managementbasins. This section applies to any new stormwater management basin.


Note: The provisions of this section are not intended to preempt morestringent municipal or county safety requirements for new or existingstormwater management basins. Municipal and county stormwater managementplans and ordinances may, pursuant to their authority, require existingstormwater management basins to be retrofitted to meet one or more ofthe safety standards in Sections 8.B.1, 8.B.2, and 8.B.3 for trashracks, overflow grates, and escape provisions at outlet structures.

B. Requirements for Trash Racks, Overflow Grates and Escape Provisions

1. A trash rack is a device designed to catch trash and debris andprevent the clogging of outlet structures. Trash racks shall beinstalled at the intake to the outlet from the stormwater managementbasin to ensure proper functioning of the basin outlets in accordancewith the following:

a. The trash rack shall have parallel bars, with no greater than sixinch spacing between the bars.

b. The trash rack shall be designed so as not to adversely affect thehydraulic performance of the outlet pipe or structure.

c.The average velocity of flow through a clean trash rack is not toexceed 2.5 feet per second under the full range of stage anddischarge. Velocity is to be computed on the basis of the net areaof opening through the rack.

d.The trash rack shall be constructed and installed to be rigid,durable, and corrosion resistant, and shall be designed towithstand a perpendicular live loading of 300 lbs/ft sq.

2. An overflow grate is designed to prevent obstruction of theoverflow structure. If an outlet structure has an overflow grate,such grate shall meet the following requirements:

a.The overflow grate shall be secured to the outlet structure butremovable for emergencies and maintenance.

b.The overflow grate spacing shall be no less than two inches acrossthe smallest dimension.

c.The overflow grate shall be constructed and installed to be rigid,durable, and corrosion resistant, and shall be designed towithstand a perpendicular live loading of 300 lbs./ft sq.

3. For purposes of this paragraph 3, escape provisions means thepermanent installation of ladders, steps, rungs, or other featuresthat provide easily accessible means of egress from stormwatermanagement basins. Stormwater management basins shall include escapeprovisions as follows:


a.If a stormwater management basin has an outlet structure, escapeprovisions shall be incorporated in or on the structure. With theprior approval of the reviewing agency identified in Section 8.C afree-standing outlet structure may be exempted from thisrequirement.

b.Safety ledges shall be constructed on the slopes of all newstormwater management basins having a permanent pool of waterdeeper than two and one-half feet. Such safety ledges shall becomprised of two steps. Each step shall be four to six feet inwidth. One step shall be located approximately two and one-halffeet below the permanent water surface, and the second step shallbe located one to one and one-half feet above the permanent watersurface. See Section 8.D for an illustration of safety ledges in astormwater management basin.

c.In new stormwater management basins, the maximum interior slopefor an earthen dam, embankment, or berm shall not be steeper than 3horizontal to 1 vertical.

C. Variance or Exemption from Safety Standards

1. A variance or exemption from the safety standards for stormwatermanagement basins may be granted only upon a written finding by theappropriate reviewing agency (municipality, county or Department)that the variance or exemption will not constitute a threat to publicsafety.


D. Illustration of Safety Ledges in a New Stormwater Management Basin

Section 9: Requirements for a Site Development StormwaterPlan

A. Submission of Site Development Stormwater Plan

1. Whenever an applicant seeks municipal approval of a developmentsubject to this ordinance, the applicant shall submit all of therequired components of the Checklist for the Site DevelopmentStormwater Plan at Section 9.C below as part of the submission of theapplicant's application for subdivision or site plan approval.

2. The applicant shall demonstrate that the project meets thestandards set forth in this ordinance.

3. The applicant shall submit [specify number] copies of the materialslisted in the checklist for site development stormwater plans inaccordance with Section 9.C of this ordinance.


B. Site Development Stormwater Plan Approval

The applicant's Site Development project shall be reviewed as a partof the subdivision or site plan review process by the municipal boardor official from which municipal approval is sought. That municipalboard or official shall consult the engineer retained by the Planningand/or Zoning Board (as appropriate) to determine if all of thechecklist requirements have been satisfied and to determine if theproject meets the standards set forth in this ordinance.

C. Checklist Requirements

The following information shall be required:

1. Topographic Base Map

The reviewing engineer may require upstream tributary drainage systeminformation as necessary. It is recommended that the topographic basemap of the site be submitted which extends a minimum of 200 feetbeyond the limits of the proposed development, at a scale of 1"=200'or greater, showing 2-foot contour intervals. The map as appropriatemay indicate the following: existing surface water drainage,shorelines, steep slopes, soils, erodible soils, perennial orintermittent streams that drain into or upstream of the CategoryOnewaters, wetlands and flood plains along with their appropriatebuffer strips, marshlands and other wetlands, pervious or vegetativesurfaces, existing man-made structures, roads, bearing and distancesof property lines, and significant natural and manmade features nototherwise shown.

2. Environmental Site Analysis

A written and graphic description of the natural and man-madefeatures of the site and its environs. This description shouldinclude a discussion of soil conditions, slopes, wetlands, waterwaysand vegetation on the site. Particular attention should be given tounique, unusual, or environmentally sensitive features and to thosethat provide particular opportunities or constraints for development.

3. Project Description and Site Plan(s)

A map (or maps) at the scale of the topographical base map indicatingthe location of existing and proposed buildings, roads, parkingareas, utilities, structural facilities for stormwater management andsediment control, and other permanent structures. The map(s) shallalso clearly show areas where alterations occur in the naturalterrain and cover, including lawns and other landscaping, andseasonal high ground water elevations. A written description of the


site plan and justification of proposed changes in natural conditionsmay also be provided.

4. Land Use Planning and Source Control Plan

This plan shall provide a demonstration of how the goals andstandards of Sections 3 through 6 are being met. The focus of thisplan shall be to describe how the site is being developed to meet theobjective of controlling groundwater recharge, stormwater quality andstormwater quantity problems at the source by land management andsource controls whenever possible.

5. Stormwater Management Facilities Map

The following information, illustrated on a map of the same scale asthe topographic base map, shall be included:

a. Total area to be paved or built upon, proposed surface contours,land area to be occupied by the stormwater management facilitiesand the type of vegetation thereon, and details of the proposedplan to control and dispose of stormwater.

b. Details of all stormwater management facility designs, during andafter construction, including discharge provisions, dischargecapacity for each outlet at different levels of detention andemergency spillway provisions with maximum discharge capacity ofeach spillway.

6. Calculations

a. Comprehensive hydrologic and hydraulic design calculations for thepre-development and post-development conditions for the designstorms specified in Section 4 of this ordinance.

b. When the proposed stormwater management control measures (e.g.,infiltration basins) depends on the hydrologic properties of soils,then a soils report shall be submitted. The soils report shall bebased on onsite boring logs or soil pit profiles. The number andlocation of required soil borings or soil pits shall be determinedbased on what is needed to determine the suitability anddistribution of soils present at the location of the controlmeasure.

7. Maintenance and Repair Plan

The design and planning of the stormwater management facility shallmeet the maintenance requirements of Section 10.

8. Waiver from Submission Requirements


The municipal official or board reviewing an application under thisordinance may, in consultation with the municipal engineer, waivesubmission of any of the requirements in Sections 9.C.1 through 9.C.6of this ordinance when it can be demonstrated that the informationrequested is impossible to obtain or it would create a hardship onthe applicant to obtain and its absence will not materially affectthe review process.

Section 10: Maintenance and Repair

A. Applicability

1. Projects subject to review as in Section 1.C of this ordinanceshall comply with the requirements of Sections 10.B and 10.C.

B. General Maintenance

1. The design engineer shall prepare a maintenance plan for thestormwater management measures incorporated into the design of amajor development.

2. The maintenance plan shall contain specific preventativemaintenance tasks and schedules; cost estimates, including estimatedcost of sediment, debris, or trash removal; and the name, address,and telephone number of the person or persons responsible forpreventative and corrective maintenance (including replacement).Maintenance guidelines for stormwater management measures areavailable in the New Jersey Stormwater Best Management PracticesManual. If the maintenance plan identifies a person other than thedeveloper (for example, a public agency or homeowners’ association)as having the responsibility for maintenance, the plan shall includedocumentation of such person’s agreement to assume thisresponsibility, or of the developer’s obligation to dedicate astormwater management facility to such person under an applicableordinance or regulation.

3. Responsibility for maintenance shall not be assigned or transferredto the owner or tenant of an individual property in a residentialdevelopment or project, unless such owner or tenant owns or leasesthe entire residential development or project.

4. If the person responsible for maintenance identified under Section10.B.2 above is not a public agency, the maintenance plan and anyfuture revisions based on Section 10.B.7 below shall be recorded uponthe deed of record for each property on which the maintenancedescribed in the maintenance plan must be undertaken.


5. Preventative and corrective maintenance shall be performed tomaintain the function of the stormwater management measure, includingrepairs or replacement to the structure; removal of sediment, debris,or trash; restoration of eroded areas; snow and ice removal; fencerepair or replacement; restoration of vegetation; and repair orreplacement of nonvegetated linings.

6. The person responsible for maintenance identified under Section10.B.2 above shall maintain a detailed log of all preventative andcorrective maintenance for the structural stormwater managementmeasures incorporated into the design of the development, including arecord of all inspections and copies of all maintenance-related workorders.

7. The person responsible for maintenance identified under Section10.B.2 above shall evaluate the effectiveness of the maintenance planat least once per year and adjust the plan and the deed as needed.

8. The person responsible for maintenance identified under Section10.B.2 above shall retain and make available, upon request by anypublic entity with administrative, health, environmental, or safetyauthority over the site, the maintenance plan and the documentationrequired by Sections 10.B.6 and 10.B.7 above.

9. The requirements of Sections 10.B.3 and 10.B.4 do not apply tostormwater management facilities that are dedicated to and acceptedby the municipality or another governmental agency.

(Note: It may be appropriate to delete requirements in themaintenance and repair plan that are not applicable if the ordinancerequires the facility to be dedicated to the municipality. If themunicipality does not want to take this responsibility, the ordinanceshould require the posting of a two year maintenance guarantee inaccordance with N.J.S.A. 40:55D-53. Guidelines for developing amaintenance and inspection program are provided in the New JerseyStormwater Best Management Practices Manual and the NJDEP OceanCounty Demonstration Study, Stormwater Management FacilitiesMaintenance Manual, dated June 1989 available from the NJDEP,Watershed Management Program.)

10. In the event that the stormwater management facility becomes adanger to public safety or public health, or if it is in need ofmaintenance or repair, the municipality shall so notify theresponsible person in writing. Upon receipt of that notice, theresponsible person shall have fourteen (14) days to effectmaintenance and repair of the facility in a manner that is approvedby the municipal engineer or his designee. The municipality, in itsdiscretion, may extend the time allowed for effecting maintenance andrepair for good cause. If the responsible person fails or refuses to


perform such maintenance and repair, the municipality or County mayimmediately proceed to do so and shall bill the cost thereof to theresponsible person.

B. Nothing in this section shall preclude the municipality in which themajor development is located from requiring the posting of aperformance or maintenance guarantee in accordance with N.J.S.A.40:55D-53.

Section 11: Penalties

Any person who erects, constructs, alters, repairs, converts, ormaintains, or uses any building, structure or land in violation ofthis ordinance, shall be subject to the following penalties:[Municipality to specify].

Section 12: Effective Date

This ordinance shall take effect immediately upon the approval by thecounty review agency, or sixty (60) days from the receipt of theordinance by the county review agency if the county review agency shouldfail to act.

Section 13: Severability

If the provisions of any section, subsection, paragraph, subdivision, orclause of this ordinance shall be judged invalid by a court of competentjurisdiction, such order of judgment shall not affect or invalidate theremainder of any section, subsection, paragraph, subdivision, or clauseof this ordinance.

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